Constitution

Luton Muslim Burial Association (LMBA)

Constitution Document

This Constitution sets out, in full legal and operational detail, how the Luton Muslim Burial Association (LMBA) shall be governed. Operational details not expressly set out in this Constitution may be determined and amended by the Management Committee through policies adopted from time to time, provided always that such policies are consistent with this Constitution.

Name and legal nature

The official name of the organisation is the “Luton Muslim Burial Association” (“Association”).
The LMBA is a voluntary, unincorporated, not-for-profit association operating in the United Kingdom.
The Association exists to serve the Muslim community through burial support and shall operate solely through sadaqah (voluntary charitable contributions).
The Association does not provide insurance, takaful (Islamic mutual insurance), investment services, funeral plan products, or any regulated financial service, and shall not represent itself as doing so.
All contributions to the Association are made as sadaqah and are pooled into a general community fund established to advance the Association’s charitable and community purposes.
No individual contractual entitlement or legal entitlement is created, and any financial assistance shall be provided strictly at the discretion of the Management Committee, subject always to the availability of funds and considerations of sustainability.

Mission, vision and values

Mission: to provide a fair, dignified and sustainable community-based burial support initiative grounded in Islamic values, which assists Members and their families during bereavement.
Vision: to establish a trusted, transparent and community-led burial support model for its members firmly rooted in Islamic values.
Core values: sincerity, trust, fairness, compassion, neutrality, accountability and transparency.

Objectives

The first object of the Association is to establish and operate a voluntary, community-based burial support fund funded through sadaqah, under which Members collectively support burial-related expenses within an organised and transparent framework. Members do not purchase burial protection or any defined benefit; rather, they contribute to sustain the Association and its charitable Objects, and any assistance provided shall be given solely as discretionary sadaqah in accordance with this Constitution.
The second objective is to advance the religious practice of Islam by supporting access to correct Islamic burial procedures.
The third objective is to advance education by increasing community understanding of death, bereavement, Islamic rulings, and sadaqah.
The fourth objective, where reasonably practicable, is to provide practical, emotional, and administrative support to bereaved families.
The fifth objective is to work with, support, or establish other Islamic organisations with similar purposes.

Powers of the Association

The Association has the power to raise funds through donations, standing orders, appeals, sadaqah contributions and lawful fundraising activities.
The Association has the power to operate burial, sadaqah and hardship funds, along with related support programmes.
The Association has the power to work collaboratively with mosques, burial providers, charities, community groups, local authorities, regulators, and other relevant bodies.
The Association has the power to appoint and remove volunteers, advisors and contractors as required.
The Association has the power to hold, operate and close bank accounts and to maintain accurate financial records.
The Association has the power to enter into lawful agreements for services, technology, equipment or property required to fulfil its Objects.
The Association has the power to create, approve and amend policies, procedures and by-laws for operational needs.
The Association has the power to take any lawful action reasonably necessary to further its Objects.

Sadaqah-based nature of the Association

All contributions received by the Association, including voluntary initial and ongoing contributions and any administrative or operational support levy, are made as sadaqah and are pooled into a general community fund established to advance and sustain the Association’s Objects. Any administrative or operational support levy shall be applied solely to meet the reasonable and necessary costs of administering and managing the Association, including governance, compliance, systems, audit, and community engagement.
Contributions are made to support the ongoing operation of the Association and its collective community-based support initiative for the benefit of Members collectively, and shall not be construed as consideration for any defined benefit, guaranteed payment, or regulated financial product.
Contributions made to the Association are irrevocable and non-refundable, except where a refund is required solely to correct an administrative or banking error.
No contribution creates an individual contractual or legal entitlement to payment. Any financial assistance shall be granted solely as discretionary sadaqah, subject always to the discretion of the Management Committee and the availability of funds.
Any burial or financial support provided by the Association shall be given strictly as discretionary sadaqah and subject to the availability of funds. All such assistance shall be granted at the sole discretion of the Management Committee (or any duly authorised Sub-committee acting within delegated authority), and no age band, contribution history, membership duration, or medical disclosure shall create an automatic entitlement.
Members acknowledge that they are participating in a voluntary community-based support initiative and that any assistance depends upon the ongoing financial sustainability and prudent stewardship of the Association.
If the Association is discontinued for any reason, the charitable purpose of the sadaqah contributions shall continue to be honoured, subject always to dissolution provisions. Any remaining funds shall be applied to a suitable Islamic burial charity with similar objectives, in accordance with this Constitution and as determined by resolution of Members at a duly convened General Meeting meeting the Enhanced Quorum requirements.
The Association shall ensure that all communications, documentation, and representations accurately reflect its charitable and discretionary nature and shall not represent or imply the provision of any guaranteed entitlement, insurance, takaful, funeral plan product, or regulated financial service.

Discretion Protocol

All financial assistance, burial support, hardship grants, or other payments made by the Association shall be granted strictly at the discretion of the Management Committee (or any duly authorised Sub-committee acting within delegated authority).
No Member, applicant, beneficiary, dependent, or third party shall acquire any accrued right, proprietary interest, automatic entitlement, enforceable expectation, or contractual claim to receive financial assistance by virtue of membership status, contribution history, age band, length of participation, medical disclosure, or any other factor.
The publication of contribution guidelines, age-band structures, eligibility criteria, or operational procedures shall not create a defined benefit, shall not constitute underwriting or actuarial pricing, and shall not fetter or restrict the ultimate discretion of the Management Committee.
In exercising its discretion, the Management Committee shall have regard to the overall financial position of the Association, the level of available funds, equitable treatment of Members collectively, and the long-term sustainability and prudent stewardship of the community fund.
The Management Committee may suspend, defer, cap, proportionately adjust, or temporarily withhold financial assistance where reasonably necessary to protect the financial integrity and continued viability of the Association.
Nothing in this Constitution shall be interpreted as creating a contract of insurance, funeral plan product, investment scheme, or any regulated activity within the meaning of the Financial Services and Markets Act 2000 or the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.

Membership

Membership is open to any Muslim aged eighteen years or older who accepts this Constitution, makes voluntary contributions in accordance with adopted guidelines, and complies with reasonable verification procedures determined by policy. All assistance remains subject to the discretion protocol above.
Each individual Member is entitled to one vote at General Meetings.
Members have the right to attend General Meetings, vote on resolutions, receive annual reports, and stand for election as an Officer only after one year’s membership and subject to eligibility requirements.
Members have the responsibility to pay contributions on time, provide truthful information, and follow all Association policies and procedures.
A Member’s membership may terminate if they resign, die, fail to make voluntary contributions in accordance with adopted policy for more than three consecutive months, provide materially false information, or act in a manner materially prejudicial to the Association.
A lapsed Member may be reinstated in accordance with adopted Association policy and subject to sustainability considerations, but no reinstatement shall create any entitlement inconsistent with the discretion protocol.
No Member or Officer shall suffer any detriment, suspension, or disadvantage for reporting, in good faith, any concern regarding misconduct, financial impropriety, safeguarding, or breach of this Constitution. All such reports shall be handled confidentially and fairly in accordance with applicable policies.
Any dispute or appeal by a Member regarding a decision of the Committee shall follow a staged process of internal review, mediation, and, if unresolved, referral to an independent person agreed by the parties, whose decision shall be final and binding.

General Meetings

The Association shall hold an Annual General Meeting (AGM) every calendar year.
An Extraordinary General Meeting (EGM) may be called by a two-thirds majority of all serving Officers and Management Committee members, or at the written request of at least twenty percent (20%) of Members.
Notice of an AGM or EGM shall be given in writing (including electronic communication) at least fourteen (14) days before the meeting date and shall specify the date, time, location, and agenda.
The quorum for a General Meeting shall be ten percent (10%) of the total registered membership as at the date notice of the meeting is issued, up to a maximum of fifty (50) Members, whichever is greater. Where the total membership exceeds five hundred (500), the quorum shall be capped at fifty (50) Members.

Ordinary Resolutions

Subject to enhanced quorum rules and any other provision of this Constitution that expressly requires a higher threshold, all other resolutions put to a vote at a General Meeting shall be decided by a simple majority (more than 50%) of the votes cast by Members present and voting.

Enhanced Quorum for Major Decisions

Major Decisions of the Association may only be taken at a duly convened General Meeting where an Enhanced Quorum is present and shall require approval by not less than two-thirds (2/3) of the Member votes cast for the purpose of calculating the required majority.

For the purposes of this Constitution, a Major Decision includes, but is not limited to:

any amendment to this Constitution;
the dissolution or winding up of the Association;
any material change to the burial support model, sadaqah support structure, or eligibility framework;
approval of any action or policy that materially affects Members’ rights, obligations, or reasonable expectations; and
any other matter which the Management Committee reasonably determines to be of comparable significance.

Officers and Management Committee

The Association shall be managed by a Management Committee consisting of the following Officers:

Chairperson
Treasurer
Secretary
Two Community Managers (at least one sister)
Sharia Advisor
Three Executive Community Members (at least one sister)
Bury Park Mosque Representative (Permanent Member)
Jalalabad Mosque Representative (Permanent Member)

The Committee shall collectively ensure that it possesses appropriate skills, experience, and diversity to discharge its duties effectively. Further detail shall be set out in policies approved by the Committee from time to time.

Each Officer and Management Committee member shall maintain appropriate safeguarding arrangements (including any required vetting or safeguarding clearance) in accordance with adopted policy, reviewed at least every three (3) years.

Voting Structure

Executive Officers (Positions 1–6): each officer holds one (1) individual vote.
Permanent Members (Positions 7 & 8): each institution holds one (1) collective vote. The two representatives from a single Mosque must confer and cast a single agreed vote; if they cannot agree, their vote is recorded as an Abstention.
Each Community Manager and Executive Community Member will all have one (1) individual vote.
In the event of a tied vote, the Chairperson shall have a second or casting vote.

Terms

Founding Officers shall serve a five-year term, establishing the organisation foundations.
Subsequent Officer terms shall be three years, renewable once.

Eligibility to stand as an Officer

Be a Member for at least years (4) years.
Have no missed contributions.
Meet at least a majority of the applicable role skills matrix.
Provide three endorsements from other Members, who themselves must have been a Member for a minimum of four (4) years.
Provide evidence of a clear Basic DBS check (or equivalent safeguarding clearance where appropriate) dated within one (1) month before the election date.
Hold relevant qualifications or demonstrate equivalent professional experience in similar roles where required (e.g., Treasurer and Sharia Advisor).

Expansion of the Management Committee

The Association may expand the size of the Management Committee where it is considered necessary or desirable to support effective governance, skills coverage, representation, or operational workload.

Any proposal to expand the Management Committee must be given with reason and role profile and approved by a resolution passed at a General Meeting.
Approval requires a simple majority unless the proposed expansion would materially alter the governance balance of the Association, in which case a two-thirds majority shall be required.
Expansion shall not permit any single mosque, family, organisation, or interest group to exercise disproportionate influence over the Association.

Removal of an Officer or Committee Member

An Officer or Committee Member may be removed if, in the reasonable opinion of the Association, they fail to perform duties, breach the Constitution, act dishonestly, misuse funds or information, fail to manage conflicts, cease to meet eligibility, or engage in conduct materially inconsistent with Islamic principles or the charitable purposes of the Association.
Removal may be by two-thirds majority of remaining Officers at a duly convened Management Committee meeting, or two-thirds majority of Members at a quorate General Meeting.
The Officer or Committee Member must be given written notice, 7 days to respond, and the opportunity to address the Management Committee; they shall not participate in discussion or vote regarding their own removal.

Sub-committees

The Officers may establish sub-committees (finance, claims, audit, membership, education, technology, and others).
Sub-committees must have written Terms of Reference specifying delegated authority (if any) and scope, or advisory-only status.
Terms of Reference must be accepted by majority of the Management Committee.
Each sub-committee must have at least two officers.
Sub-committees may include non-voting advisory participants where needed.
Sub-committees cannot make binding decisions outside their Terms of Reference; all decisions must be communicated formally to the Management Committee.
The Management Committee shall annually review each Sub-committee’s Terms of Reference.

Co-option of Officers and Committee Members

The Management Committee may co-opt an individual to fill vacancies, ensure continuity, or address temporary skills gaps. Co-option is exceptional and interim.
Any individual considered must have been a Member for over three years, meet eligibility, conduct, and conflicts requirements, and formally accept duties in writing.
Co-option must be approved by a simple majority at a duly convened Management Committee meeting (subject to quorum).
A co-opted role lasts only until the conclusion of the next AGM unless confirmed through the candidate selection process.
Co-option must not be used to bypass Members’ authority, allow disproportionate influence, or undermine the one-member-one-vote principle.

By-laws

Officers may create by-laws consistent with this Constitution to manage detailed operational and membership matters.
All by-laws must be presented at the next AGM or EGM for confirmation.
Any by-law not confirmed at the AGM or EGM shall automatically lapse.
By-laws shall be reviewed and, where appropriate, re-ratified at least every three (3) years.

Financial management

The Association must maintain minimum separate bank accounts: Administrative Account (running costs), Community Burial Fund Account (strictly for death grants), and Reserve Fund.
Each account must have at least two authorised signatories drawn from a minimum of three named authorised Officers.
All payments must be authorised by at least two signatories.
All Association funds shall be held in Sharia-compliant accounts and managed prudently. The Association shall not engage in speculative investment, interest-bearing instruments, or any activity inconsistent with Islamic principles.
Annual accounts must be independently examined and shared with Members, along with a formal Management Committee Report (reflection, membership numbers, attendance record, upcoming key dates, and other useful transparency information).

Independent Financial Examination and Audit

The Association shall appoint independent and appropriately qualified accountants to prepare and review its annual accounts and, where required or appropriate, to conduct an external audit.
The level of financial review shall be proportionate and may increase as the Association grows.
No Officer, Trustee, Management Committee member, or their close family member (nor any business associated with them) may act as the Association’s accountant, auditor, or independent examiner.
The appointment of accountants or auditors must be approved by the Management Committee and recorded in minutes, including any agreed costs.

Data protection and records

The Association shall comply with the UK GDPR, the Data Protection Act 2018, and any successor legislation, and shall implement applicable legislative developments as enacted.
Identity documents must be securely stored for verification purposes.
Access to personal data must be restricted to authorised Officers only.

Conflicts of interest

Any Officer with a personal, financial or organisational conflict of interest shall declare it promptly and in writing.
A conflicted Officer must not participate in related discussions or votes.
A conflict register must be maintained by the Secretary and reviewed at minimum annually.

Dissolution

The Association may be dissolved only by a resolution passed at a General Meeting convened specifically for this purpose meeting Enhanced Quorum requirements and approved by a two-thirds majority of Members present and voting.

Any proposal to dissolve must include a written dissolution plan made available to Members 21 days in advance, covering reasons, a full financial review, winding-up timetable, and options for applying or transferring remaining funds and responsibilities.

Upon dissolution, the Association must settle outstanding debts, liabilities, and obligations in full. Remaining funds shall be applied consistently with the charitable and community purposes of the Association, as determined by Member resolution at an Enhanced Quorum meeting.

Amendments

This Constitution may only be amended through a General Meeting meeting Enhanced Quorum requirements.